Why are China people refused entry?

On August 14, it was reported that recently, a parent of an immigrant from China in San Marino School District in Los Angeles, USA, said that his child's application for admission was rejected, and the parents and children would soon get a green card. However, the school explained that because he also holds a business travel visa, if he is an illegal immigrant, he can enter school. Lawyers believe that the school has violated state and federal laws and the situation is serious.

Ms. Hu, a native of China, applied for a green card for special talents with her children this year. Not long ago, she was approved by I- 140. Later, she submitted an I-485 application and received a receipt from the Immigration Bureau. It is expected that she will get a green card in September. Therefore, Ms. Hu hoped to enroll her children in San Marino High School before the new semester started, so she took her children to enter the country with a B 1/B2 business visa, rented a house in San Marino and went through the admission procedures.

According to Ms. Hu, the school accepted the child's application for admission at the beginning, and the child even took the exam. Teacher Hu also donated some money to the school according to the school practice. I thought my child would go to school smoothly next week, but I didn't expect to receive a notice from the school recently, saying that the child is a holder of B 1/B2 and can't go to school according to the regulations. Ms. Hu and the legal adviser went to the school several times to explain that they were waiting for the issuance of the green card, but the school still refused and refused to accept students during the I-485 period. The teacher in charge of enrollment also said that such children are rejected every year.

Seeing that school is about to start, Ms. Hu is in a hurry, saying that if it can't be solved, she can only go to private schools for the time being. However, she said that she had rented a house, relocated and even donated money to attend schools in San Marino. If she changed to other families with weak financial resources, she might not be able to pay the tuition fees of private schools. Such behavior in schools may have a great impact on similar families.

Linda de la Torre, assistant director of the San Marino school district, explained that according to the federal immigration regulation 8 CFR 2 14.2(b)(7), students with a business visa of B 1/B2 are not allowed to enter public schools. However, if a student's visa expires and he becomes an undocumented immigrant in the United States, he cannot be refused admission.

She even said that the school mainly did not ask for its immigration documents according to law, but the parents showed their visas to let the school know that the student was a B 1/B2 business visa, so he could not enter the school. She expressed sympathy for the family. Admittedly, this is a "stupid" rule, but it must be observed.

But in fact, the federal court ruled in Washington State 1982 that public schools should not discriminate against students because of their immigration status. The US Department of Justice and the Ministry of Education also wrote an open letter on 20 14 reaffirming this provision. California education code 48204. 1 is a detailed list. Schools can only ask parents to provide several documents, including utilities, rental contracts, etc. , but there are no documents related to immigration status. Moreover, the school district is required by law to accept these documents, and students and parents cannot be required to provide other documents.

Ms. Hu said that at that time, she showed her immigration certificate, because the school asked for the social security number, and neither she nor the child had it, so she showed her certificate and wanted to explain it to the school.

Lawyer Huang Ziqian said that although the federal law does stipulate that students with B 1/B2 business travel visas cannot enter public schools, the current status of Ms. Hu and her children is not B 1/B2, but I-485 waiting period. These two identities are absolutely incompatible, and it is unreasonable for schools to take the provisions of B 1/B2 as the basis.

As for the school's refusal to recruit students in the waiting period of I-485, this is even more serious illegal. Huang Ziqian said that if the school district really does what the school says, they have always done so, that is, infringing on people's rights and interests.

The person who accompanied Ms. Hu to the school said that when she went to the school to negotiate, someone at the school said that the Trump administration is now guarding against this phenomenon of going to public schools with business travel visas and occupying public resources. But he said angrily, if we want to strictly implement the presidential decree, is the law greater than the president or the president greater than the law? He said that China's parents, who were dreaming of going to the United States, ran into a wall. They didn't understand why the law was so clear, but they still couldn't.

Some people in the community who asked not to be named said that in fact, similar situations have occurred in San Marino for many years. The parents of these students who are refused to go to school are unwilling to turn against the school district for the sake of their children. Most of them worry that if they challenge the school district, it will be more difficult for students to enter school in the future, or it may have a bad influence on students after entering school, so they have to stay calm.